Binod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5784 of 2020 ====================================================== Binod Kumar Singh S/o Shiv Bachan Singh, Resident of Village - Kulhariya, P.S.- Buxar (M), District- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna at Patna.

2.

The Divisional Commissioner, Department of Excise, government of Bihar, Patna at Patna.

3.

The District Magistrate, District of Buxar at Buxar. 4.

The Superintendent of Police, District- Buxar at Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Respondent/s :

Mr.Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 13-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has prayed for the following relief:- "For quashing order dated 13.12.2019 passed in Confiscation Case No. 15/2019 arising out of Murar PS Case No. 62/2018 for offence under section 30(a) of Bihar Prohibition & Excise Act, 2016 by Collector for district Buxar whereby and whereunder truck bearing Registration No. UP60T-1113, Engine No. B59180311D63125624 was confiscated."

Petitioner has approached this Court without exhausting the statutory alternative remedy provided under the

Patna High Court CWJC No.5784 of 2020 dt.13-07-2020 2/2 Bihar Prohibition & Excise Act, 2016.

It is submitted on behalf of petitioner that against the impugned order he has already preferred appeal being Appeal No. 5 of 2020 on 16.01.2020 before the Excise Commissioner, Patna, which is still pending before the Appellate Authority and has not been decided as yet.

The writ petition is disposed of with a direction to the Appellate Authority to decide the appeal filed by petitioner preferably within 30 days from the date of receipt/production of a copy of the order passed by this Court.

(Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA